BILL · 2007–08 SESSION · LATEST VERSION SSB 5378

SB 5378: Deeds of trust

Modifying deeds of trust provisions.

Summary

  • Provides that the trustee does not have a fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust.
  • Provides that the trustee is required to act impartially between the borrower, grantor, and beneficiary.
  • Modifies notice requirements relating to trustee foreclosure sales.
  • Provides that a trustee may decline to complete a sale or deliver the deed if it appears the bidding has been collusive or defective, or that the sale might have been void.

From the Substitute House Bill Report (SSB 5378), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 153, Laws of 2008
  1. IntroducedJan 18, 2007
  2. Out of committeeFeb 13, 2007
  3. Passed SenateFeb 14, 2008
  4. Passed HouseMar 6, 2008
  5. GovernorMar 25, 2008
  6. LawMar 25, 2008
Prime sponsor
Brian Weinstein (D-41)
Introduced
January 18, 2007 in the Senate
Last action
March 25, 2008
Session law
Chapter 153, Laws of 2008
Versions
SB 5378, SSB 5378

AN ACT Relating to deeds of trust;

Sponsors

Prime sponsor: Brian Weinstein (D-41)

2 co-sponsors (2 Democrats, 0 Republicans)

Votes

Senate · 3rd Reading & Final Passage

Passed February 14, 2008
Version voted on: SSB 5378
48 Yea 0 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat31001
Republican17000
How each member voted

House · Final Passage as Amended by the House

Passed March 6, 2008
Version voted on: SSB 5378
93 Yea 0 Nay 0 Absent 5 Excused
PartyYeaNayAbsentExcused
Democrat61002
Republican32003
How each member voted

Yea (93)

Senate · Final Passage as Amended by the House

Passed March 11, 2008
Version voted on: SSB 5378
46 Yea 0 Nay 3 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat31010
Republican15020
How each member voted

History

  1. Effective date 6/12/2008. (SSB 5378)
  2. Chapter 153, 2008 Laws. (SSB 5378)
  3. Governor signed. (SSB 5378)
  4. Delivered to Governor. (SSB 5378)
  5. Speaker signed. (SSB 5378)
  6. President signed. (SSB 5378)
  7. Passed final passage; yeas, 46; nays, 0; absent, 3; excused, 0. (SSB 5378)
  8. Senate concurred in House amendments. (SSB 5378)
  9. Third reading, passed; yeas, 93; nays, 0; absent, 0; excused, 5. (SSB 5378)
  10. Rules suspended. Placed on Third Reading. (SSB 5378)
  11. Committee amendment adopted with no other amendments. (SSB 5378)
  12. Rules Committee relieved of further consideration. Placed on second reading. (SSB 5378)
  13. Passed to Rules Committee for second reading. (SSB 5378)
  14. JUDI - Majority; do pass with amendment(s). (SSB 5378)
  15. JUDI - Executive action taken by committee. (SSB 5378)
  16. First reading, referred to Judiciary. (SSB 5378)
  17. Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1. (SSB 5378)
  18. Rules suspended. Placed on Third Reading. (SSB 5378)
  19. 1st substitute bill substituted. (SSB 5378)
  20. 1st substitute bill substituted.
  21. Placed on second reading by Rules Committee. (SSB 5378)
  22. Placed on second reading by Rules Committee.
  23. Made eligible to be placed on second reading. (SSB 5378)
  24. Made eligible to be placed on second reading.
  25. Revert to Rules White Sheet. (SSB 5378)
  26. By resolution, reintroduced and retained in present status. (SSB 5378)
  27. Revert to Rules White Sheet.
  28. By resolution, reintroduced and retained in present status.
  29. Senate Rules "X" file. (SSB 5378)
  30. Senate Rules "X" file.
  31. Passed to Rules Committee for second reading. (SSB 5378)
  32. JUD - Majority; 1st substitute bill be substituted, do pass. (SSB 5378)
  33. JUD - Majority; 1st substitute bill be substituted, do pass.
  34. Passed to Rules Committee for second reading.
  35. First reading, referred to Judiciary.

SB 5378 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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